Criminal Procedure Code, 1973, Section 211, 397, 401 -- Charge - Points raised in revision not raised in trial Court - Plea regarding illegality in taking cognizance on the basis of charge sheet filed by police taken for the first time in revision - Petitioner to raise the issue before trial Court and trial Court to pass an appropriate order thereupon...........
Criminal Procedure Code, 1973, Section 320 -- Compounding of offence - Where offences are compoundable and case is committed for trial or accused is convicted and appeal against conviction is pending, compounding can be allowed with leave of Court - According to S.320(6) Cr.P.C, High Court or Court of Session in exercise of its power of revision u/s 401 may allow any..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 323, 324, 34 -- Compoundable offence - Court has no objection in allowing compounding petition...........
Criminal Procedure Code, 1973, Section 378(3), 372 -- Appeal - Leave of High Court is required u/s 378(3) to file an appeal under proviso to S.372 Cr.P.C...........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Power of appellate Court - Duty is cast upon appellate forum to reappraise the evidence itself and it cannot proceed to dispose of the appeal according to the appraisal of evidence by the trial Court alone, particularly when appeal has already been admitted and placed for final hearing...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Rejection - Dispute between parties are primarily a dispute between partners of firm - Allegation against accused is that he had taken away income tax files relating to partnership business from advocate when he was not authorized to do so at all - Petitioner was aware about identity of..........
Criminal trial -- Life sentence - Meaning - Actual life imprisonment for entire life of convict - Life sentence not limited to either 14 years or 20 years or even 25 years - Same may be curtailed by State by premature release - However, that is the discretion of State Government to be exercised on the advice of Sentence Review Board (SRB) - Courts cannot substitute..........
Prevention of Corruption Act, 1988, Section 13(1)(d)(ii), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Charge of obtaining land by public servant - No material document produced to demonstrate ownership and title of complainant to land in question - Even, complainant did not choose to establish her title to land in appropriate proceedings -..........
Criminal Procedure Code, 1973, Section 233(3) -- Summoning of defence witness, production of document or thing - Cannot be rejected by Court as unnecessary - Discretion of Court to reject such an application is only on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice - Subject to those restrictions, accused is having..........
Criminal Procedure Code, 1973, Section 200, 91(1) -- Summon to produce case diary - Private complaint - Where the complainant was clamoring that all the allegations raised by him are discernible from Case diary in another case - In such case, by exercising the powers conferred on Magistrate u/s 91(1) Cr.P.C., Court below was perfectly right in calling Case diary because of..........
